Marlin Construction Group, LLC v. Bollinger
A commissioned salesman who sold roofing services on behalf of a licensed roofing contractor sued for unpaid commissions; the contractor argued the agreement was unenforceable under section 489.128 because the salesman lacked a contractor's license. The Sixth District affirmed summary judgment and the jury verdict for the salesman, holding he was neither a 'contractor' under section 489.105(3)/(3)(e) nor engaged in 'contracting' under section 489.105(6), because he performed no roofing work and acted merely as the licensed contractor's agent in the sale.
Key facts
- A commissioned salesman employed by a licensed roofing contractor sued for unpaid commissions earned from selling roofing services.
- The contractor defended by arguing the commission agreement was unenforceable because the salesman lacked a contractor's license under Florida section 489.128.
- +2 more key facts with a free trial
Why it matters
This is the first Florida appellate decision squarely holding that a commissioned salesperson working for a licensed contractor is not an 'unlicensed contractor' for purposes of section 489.128, closing off a defense… — full analysis with a trial
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